You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairman, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

We look forward to welcoming you - from all States and territories of Australia!

Session 1: Caught on Camera: The Admissibility of Audio and Video Recordings in Family Law Matters

With the ubiquitous use of smartphones and other technology, it seems everything can be captured on camera these days. Clients will often present you with recordings of their former spouse or children which they claim will help their case. But, what are the limits with using this type of evidence in family law proceedings? This session provides the answers, including:

When is a recording lawful or unlawful? A look at Commonwealth and State-based surveillance laws

Possible criminal sanctions that may apply

The Court’s discretion under s.138 of the Evidence Act to include improperly or illegally obtained evidence

What factors does the Court look at when deciding whether or not secret recordings will form part of the evidence?

Scrutiny and weight of evidence once admitted

How can the recordings potentially backfire on the person making them – understanding the risks

Most family law clients have one desire – certainty. Certainty gives clients the ability to move on, however, in some circumstances, it is possible to vary or set aside property orders. This session looks at the process for applying to set aside or vary an order under s 79 and when a successful application may be made. It covers:

Section 79A(1)(a) – when can the court set aside agreements for duress and other circumstances – what is captured by “other circumstances”?

Session 3: Contravention and Contempt Hearings: A Guide for Family Lawyers

Before a contravention of an order or contempt of court application is brought, there are a number of evidentiary and procedural requirements that must be considered. This session looks at the circumstances in which one of these applications can be made, the quasi-criminal nature of the application, and what evidence needs to be produced. It includes:

Contravention proceedings:

parenting matters v financial matters

contraventions involving a “reasonable excuse”

procedural requirements - what should be in the application and supporting affidavit?

standard of proof required

cost orders and other penalties

Contempt proceedings – civil and criminal

when will the Court exercise its discretion?

what types of matters will involve “flagrant challenge” to the authority of the Court?